Satendra Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12377 of 2015 Arising Out of PS. Case No.-10 Year-2012 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

Satendra Kumar. son of Sri Gurajee Bhagat, 2.

Manju Kumari, Daughter of Sri Gurajee Bhagat, Both are resident of Village - Medharia, Police Station - Ajimabad, District - Arrah Bhojpur ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Rubi Devi, Wife of Satish Kumar, Daughter of Sri Ram Sharan Bhagat, resident of village - Pipra Bangla, Post Office - Hasanpur, Police Station - Arwal, District - Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Srivastava, Adv.

For the Opposite Party/s :

Mr.T.N.Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-05-2019 This application has been filed for quashing the order of cognizance dated 19.12.2013 for the offences punishable under Section 498(A)/34 of the Indian Penal Code arising out of Arwal P.S. Case No. 10 of 2012. Complainant had lodged an F.I.R. giving rise to Arwal Mahila P.S. Case No. 10 of 2012 under Section 498(A) of the Indian Penal Code against the accused persons as named in F.I.R. which included the husband of complainant Satish Kumar, mother-in-law of complainant Sunaina Devi and other accused including the petitioner who are brother-in-law and sister-inlaw of complainant. It has been submitted that the order for

Patna High Court CR. MISC. No.12377 of 2015(4) dt.14-05-2019 2/2 taking cognizance against husband of complainant and motherin-law of complainant was quashed by this Court vide order dated 20.04.2016 passed in Cr. Misc. No. 37835 of 2013. It has been submitted that since the order has been quashed against the husband and mother-in-law, similar benefit may be extended to them. Petitioner no.1 is brother-in-law of complainant who is married and residing separately and is not concerned with the affairs of complainant and her family and petitioner no.2 is married sister-in-law of complainant and resides in the matrimonial home and has been falsely dragged in this case. Accordingly, order taking cognizance dated 19.12.2013 as well as whole criminal proceedings arising out of Arwal Mahila P.S. Case No. 10 of 2012 against petitioners are quashed.

(S. Kumar, J) Rajiv/- U T